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October 23rd, 2007

The "prime facia" bit is so snooty ...

In The General Court of North Carolina
County of Watauga
District Court

File No: 07C00509U
RE: Answer to Complaint and Prayer for Summary Judgement

Citibank, Sourth Dakota, N.A.


Justin Pittman


The Defendant, Justin Pittman, says and files this Answer to the Complaint, filed herein, and the Plaintiff's prayer for a summary judgement by the Court, as follows.  All allegations by the Plaintiff are disputed unless expressly admitted herein.

1. The Defendant disputes the alleged debt, as solicited in paragraph #3 of the Complaint.  The Defendant is without knowledge or information sufficient to affirm the allegation of said debt and therefore denies the allegation contained therein.

2. The Plaintiff has failed to provide any proof of relationship between themselves and the Attorney for Plaintiff, as filed in the Complaint to the Court, and specifically any authority of the Attorney of the Plaintiff to collect the alleged debt on behalf of the Plaintiff.

3. The Plaintiff has failed to provide any contract or agreement between the Plaintiff and Defendant, nor any admission by the Defendant as owing the alleged debt, nor any itemized statements or billing of said debts. Plaintiff claims via Affidavit that it is knowledgable and trustworthy but has failed to provide a detailed list of the alleged debts to the Defendant as requested via 15 U.S.C. § 1692 (FDCPA).

4. (a) The Plaintiff has failed to state a claim upon which relief can be granted prima facie. (b) Furthermore, the causes of action specified in the Complaint are insufficient as a matter of law.  The Complaint as filed does not set forth the facts upon which the Court should reach a summary judgment against the Defendant.  The Plaintiff's prayer, therefore, precludes just and proper judgement by the Court.

WHEREFORE, the Defendant, Justin Pittman, respectfully submits that the Court should deny the Plaintiff's prayer for its summary judgement; and the Defendant says that the Plaintiff must reply to the Answer filed here within 30 days of receipt from the Clerk of the District Court, or the Complaint be annulled. 

Respectfully submitted this 23rd day, of October 2007.